As a pedestrian, you know you accept some level of risk. After all, large vehicles are moving all around you.
However, you probably don’t expect to be struck by one of these vehicles. Unfortunately, auto versus pedestrian accidents happen far too often in Fort Worth and all of Texas. When this happens, it is likely you (the pedestrian) who is left with serious injuries.
At this point, you may be in pain and unable to do the things you once did, like work. It would make sense that you would receive compensation. However, this is not automatic. You must prove who was at fault in your accident to receive compensation.
This is where our experienced Fort Worth pedestrian accident attorneys come in. We can guide you through the claims process and protect your interests and rights.
The Dynamics of Pedestrian Accidents in Fort Worth
Fort Worth’s growing population and busy streets increase the likelihood of pedestrian accidents. These accidents often occur at intersections, crosswalks, and parking lots, where pedestrians and vehicles frequently intersect.
Some of the most common causes of pedestrian accidents include:
- Distracted Driving: Drivers not paying attention to the road, often due to using mobile phones, adjusting the radio, or other distractions inside the vehicle.
- Speeding: Exceeding speed limits reduces a driver’s reaction time and ability to stop quickly, increasing the risk of hitting a pedestrian.
- Failure to Yield: Drivers not yielding at crosswalks or stop signs, leading to collisions with pedestrians legally crossing the road.
- Impaired Driving: Driving under the influence of alcohol, drugs, or medications that impair judgment and reaction times.
- Poor Visibility: Accidents occur in low-light conditions, like at night or during bad weather, where drivers have difficulty seeing pedestrians.
- Jaywalking: Pedestrians crossing the road outside designated crosswalks, often unexpectedly, leading to accidents.
- Ignoring Traffic Signals: Pedestrians not following traffic lights or walk signals at intersections, stepping into traffic unsafely.
- Distracted Walking: Pedestrians use mobile phones, headphones, or other distractions while walking, not paying attention to their surroundings.
- Drivers Making Left Turns: Drivers focusing on navigating the turn and overlooking pedestrians crossing the road.
- Backing-Up Accidents: Vehicles reversing in parking lots or driveways can hit pedestrians, especially small children, not visible in rearview mirrors.
- Road Rage and Aggressive Driving: Aggressive behaviors like speeding, erratic lane changes, and not respecting pedestrian rights-of-way.
- Lack of Infrastructure: Inadequate pedestrian walkways, crosswalks, and signals in some areas, forcing pedestrians to navigate dangerous routes.
- Children and Elderly Pedestrians: These groups are at higher risk due to their limited mobility, visibility, and slower reaction times.
- Construction and Poorly Maintained Walkways: Pedestrians forced to walk in unsafe areas due to construction or poor sidewalk maintenance.
As you can see, the causes of pedestrian accidents are vast, meaning the likelihood of being struck as a pedestrian is higher than you may realize.
Texas Laws on Pedestrian Accidents
In Texas, pedestrian safety laws are clear. Drivers must yield to pedestrians in crosswalks and exercise due care to avoid hitting pedestrians on the road. Conversely, pedestrians must obey traffic signals and use crosswalks where available. In cases where these laws are violated, determining fault becomes critical.
Determining Fault in Pedestrian Accidents
Fault in pedestrian accidents is not always straightforward. Texas follows a modified comparative negligence rule, meaning that if a pedestrian is found to be more than 50% at fault, they cannot recover damages. Therefore, it’s essential to understand the various factors contributing to these accidents.
- Driver Negligence: This includes speeding, distracted driving, driving under the influence, and failing to yield to pedestrians. In such cases, the driver is often at fault.
- Pedestrian Negligence: If a pedestrian crosses outside a crosswalk, ignores traffic signals, or walks distractedly, they may be partly or wholly at fault.
- Environmental Factors: Poorly lit streets, obstructed signage, and malfunctioning traffic signals can also contribute to accidents, potentially implicating city authorities.
The Role of a Fort Worth Pedestrian Accident Lawyer
In the aftermath of a pedestrian accident, victims may feel overwhelmed. This is where a Fort Worth pedestrian accident lawyer can be invaluable.
These legal professionals specialize in understanding the nuances of pedestrian accident cases in Fort Worth, offering expertise in:
- Investigating the Accident: Collecting evidence, interviewing witnesses, and reconstructing the accident scene to establish fault.
- Navigating Texas Laws: Applying state and local regulations to strengthen the case.
- Negotiating with Insurance Companies: Ensuring fair compensation without victim exploitation.
- Representing in Court: If a settlement cannot be reached, provide robust representation in court.
What to Do After a Pedestrian Accident in Fort Worth
If you’re involved in a pedestrian accident, take the following steps:
- Seek Medical Attention: Health is the priority. Even if injuries seem minor, getting checked is crucial for legal and health reasons.
- Report the Accident: Contact the Fort Worth police to file a report. This document will be essential for any legal proceedings.
- Gather Evidence: Take photos of the scene, get contact information from witnesses, and keep all medical records.
- Consult a Fort Worth Pedestrian Accident Lawyer: An experienced lawyer can guide you through the legal process, helping you secure the compensation you deserve.
Compensation in Pedestrian Accident Cases
Compensation in pedestrian accident cases can cover medical expenses, lost wages, pain and suffering, and more. The amount depends on the severity of injuries and the degree of fault. An experienced Fort Worth pedestrian accident lawyer will work to maximize the compensation for their client.
Protecting Your Rights After a Fort Worth Pedestrian Accident
Determining fault in Fort Worth auto-pedestrian accidents requires a detailed understanding of Texas laws and the specifics of each case. Whether you’re a victim or a driver involved in such an incident, consulting with a Fort Worth pedestrian accident lawyer is crucial in navigating the legal landscape. By understanding these accidents and taking proactive steps, we can all contribute to safer streets in Fort Worth.
